PETER MTISI SCANNED

Appellant bought land from persons without legal title due to unchallenged Ward Tribunal decision; 2nd respondent is lawful owner as land is surveyed in his favor; no merit in appeal grounds.

Citation: PETER MTISI SCANNED
Parties: Appellant: Peter S. Mtisi; 1st Respondent: Mwarami Abdallah (Administrator of the Estate of the late Abdallah Mwalimu); 2nd Respondent: Taher Muccadam; 3rd Respondent: Rashid Salum Matimbwa
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2014
Procedural Posture: Land Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Ownership, Sale Agreements, Title, Encumbrance, Site Visit
Source Language: English

Land Law Ownership Sale Agreements Title Encumbrance Site Visit

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Parties

Peter S. Mtisi

Appellant

Mwarami Abdallah (Administrator of the Estate of the late Abdallah Mwalimu)

1st Respondent

Taher Muccadam

2nd Respondent

Rashid Salum Matimbwa

3rd Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

1 Whether the appellant proved ownership of the suit land
2 Whether the sale agreement was void due to clerical errors
3 Whether the trial tribunal erred in admitting certain exhibits

Ratio Decidendi

Appellant bought land from persons without legal title due to unchallenged Ward Tribunal decision; 2nd respondent is lawful owner as land is surveyed in his favor; no merit in appeal grounds.

Court Disposition

appeal dismissed

Orders

Decision and Orders of the Trial Tribunal upheld
Parties to bear their own costs